Effective: January 30, 2014
Latest Legislation: House Bill 72 - 130th General Assembly
(A) All deeds, land contracts referred to in division (A) (21) of section 317.08 of the Revised Code, and instruments of writing properly executed for the conveyance or encumbrance of lands, tenements, or hereditaments, other than as provided in division (C) of this section and section 5301.23 of the Revised Code, shall be recorded in the office of the county recorder of the county in which the premises are situated. Until so recorded or filed for record, they are fraudulent insofar as they relate to a subsequent bona fide purchaser having, at the time of purchase, no knowledge of the existence of that former deed, land contract, or instrument.
(B) Whenever a survey is made of lands that are being conveyed, the county auditor shall require that the name of the person who made the survey appear in the deed. The name shall either be printed, typewritten, stamped, or signed in a legible manner. An instrument is in compliance with this division if it contains a statement in the following form:
"A survey of this property was made by _______________"
(Name)
This division does not apply to any court decree, order, judgment, or writ, to any instrument executed or acknowledged outside of this state, or to any instrument executed within this state prior to September 20, 1965.
(C) All tax certificates sold pursuant to section 5721.32 or 5721.33 of the Revised Code, or memoranda thereof, may be recorded in the office of the county recorder of the county in which the premises are situated, as provided in division (B) of section 5721.35 of the Revised Code; provided, however, that the first and superior lien of the state and its taxing districts conveyed to the holder of the tax certificate, as provided in division (A) of section 5721.35 of the Revised Code, shall in no way be diminished or adversely affected if the tax certificate evidencing the conveyance of such first and superior lien, or memorandum thereof, is not recorded as provided in this section.
Structure Ohio Revised Code
Chapter 5301 | Conveyances; Encumbrances
Section 5301.01 | Acknowledgment of Deed, Mortgage, Land Contract, Lease or Memorandum of Trust.
Section 5301.011 | Recorded Instrument to Contain Volume and Page Reference.
Section 5301.02 | Words Necessary to Create a Fee Simple Estate.
Section 5301.03 | Grantee as Trustee or Agent.
Section 5301.04 | Deed, Mortgage, or Lease of a Married Person.
Section 5301.05 | Discriminatory Restrictive Covenants - Void.
Section 5301.057 | Transfer Fee Covenant.
Section 5301.06 | Instruments Executed According to Law of Place Where Made.
Section 5301.07 | Delivery and Acceptance of Real Property Instrument; Presumptions.
Section 5301.071 | Validity of Instruments Not Affected by Certain Actions or Omissions.
Section 5301.072 | Deed Restrictions Prohibiting Placement of Flag Unenforceable.
Section 5301.08 | Certain Leases Unaffected.
Section 5301.09 | Recording Lease of Natural Gas and Petroleum.
Section 5301.10 | Parties Defendant in Suits to Cancel Leases.
Section 5301.11 | Effect of Destruction of Building Upon Lessee.
Section 5301.12 | Purchaser at Tax Sale.
Section 5301.13 | Mode of Conveyance by State.
Section 5301.14 | Copy of Record of Lost Deed to Be Evidence.
Section 5301.15 | Governor May Execute New Deed to Supply Lost Conveyance.
Section 5301.16 | Execution of Conveyance by State When Purchaser Dies Before Deed Made.
Section 5301.17 | New Deed From State to Correct Errors.
Section 5301.18 | Deeds From State Must Recite Facts.
Section 5301.19 | Release of Mortgage to the State.
Section 5301.20 | Reversion to Owner of Land Conveyed to State.
Section 5301.21 | Adjoining Owners May Fix Corner or Line.
Section 5301.22 | Effect of Agreement With a Guardian.
Section 5301.23 | Mortgage Effective Dates.
Section 5301.232 | Open-End Mortgages.
Section 5301.233 | Mortgage May Secure Unpaid Balances of Advances Made.
Section 5301.24 | Acquisition of Property by State Not to Affect Mortgage Lien - State, a Party.
Section 5301.25 | Recording in County Where Real Estate Situated - Survey Form.
Section 5301.251 | Memorandum of Lease Recording.
Section 5301.252 | Recording Affidavit Relating to Title.
Section 5301.255 | Memorandum of Trust Recording.
Section 5301.26 | Vendor's Lien.
Section 5301.27 | Conditional Grants or Devises of Real Estate.
Section 5301.28 | Release of Mortgage - Assignment.
Section 5301.29 | Releases of Mortgages Made Valid.
Section 5301.291 | Mortgage Release, Cancellation, or Satisfaction Not Defective.
Section 5301.30 | Expiration of Mortgage Lien - Limitation.
Section 5301.31 | Assignment or Partial Release in Margin of Original Record.
Section 5301.32 | Assignment or Partial Release by Separate Instrument.
Section 5301.33 | Cancellation, Release, and Assignment of Leases.
Section 5301.331 | Land Contract Cancellation, Partial Release, or Assignment.
Section 5301.34 | Release of Mortgage on Certificate of Mortgagee or Assignee.
Section 5301.35 | Waiver of Priority of Mortgages - Execution and Recording - Fees.
Section 5301.36 | Entry of Satisfaction.
Section 5301.361 | Unreleased Mortgages; Liability for Damages for Failure to Record.
Section 5301.37 | Recording of Separate Instruments.
Section 5301.38 | Record of Patents, Copies, and Exemplifications.
Section 5301.39 | When Court to Order Clerk to Make Entry on Record of Mortgage.
Section 5301.40 | Mortgage or Lien Satisfied by Suit.
Section 5301.41 | Effect of Reversal of Judgment.
Section 5301.42 | Effect of Entry by Clerk.
Section 5301.43 | Certified Copy of Record of Instrument as Evidence.
Section 5301.44 | Certified Copy of Record in Action to Cure Defects.
Section 5301.45 | Instrument Executed and Acknowledged Upon Different Sheets.
Section 5301.47 | Marketable Title Definitions.
Section 5301.48 | Unbroken Chain of Title of Record.
Section 5301.49 | Record Marketable Title.
Section 5301.50 | Interests Prior to Effective Date of Root of Title.
Section 5301.51 | Preservation of Interest in Land.
Section 5301.52 | Notice and Filing of Claim of Interest in Land.
Section 5301.53 | Certain Rights Not Barred or Extinguished.
Section 5301.54 | Effect of Changes.
Section 5301.55 | Liberal Construction of Statutes.
Section 5301.56 | Mineral Interests - Vesting in Surface Owner.
Section 5301.61 | Removal of Fixtures or Improvements From Mortgaged Realty.
Section 5301.63 | Solar Access Easement Requirements.
Section 5301.67 | Conservation, Agricultural Easement Definitions.
Section 5301.68 | Granting Conservation or Agricultural Easement.
Section 5301.69 | Who May Acquire Conservation or Agricultural Easement.
Section 5301.691 | Director of Agriculture Purchase of Agricultural Easements.
Section 5301.70 | Enforcement of Conservation Easement.
Section 5301.71 | Termination of Agricultural Leases.
Section 5301.80 | Environmental Covenants - Definitions.
Section 5301.81 | Holder of Environmental Covenant.
Section 5301.82 | Contents of Environmental Covenant - Required Signatures.
Section 5301.83 | Copies of Environmental Covenant to Be Provided.
Section 5301.84 | Obligations Under Environmental Covenant.
Section 5301.85 | Environmental Covenant Runs With Land - Enforceability.
Section 5301.86 | Antecedent Interests in Real Property - Subordination Agreement.
Section 5301.87 | Zoning Regulations and Prior Instruments.
Section 5301.88 | Filing and Recording of Environmental Covenants.
Section 5301.89 | Environmental Covenant Perpetual - Exceptions - Judicial Termination - Limitation.
Section 5301.90 | Amendment or Termination of Environmental Covenant by Consent - Assignment.
Section 5301.91 | Civil Action for Violation - Regulatory Authority - Liability.
Section 5301.92 | Preemption of Federal Electronic Signatures Statute.